Kaiser Implants 2nd Device When Asked to Remove 1st, Man Claims
FAIRFIELD, Calif. (CN) – A man who underwent surgery to remove a Medtronic device that aids in urination claims Kaiser doctors implanted another one instead, in Solano County Superior Court.
Rick Pedro sued Medtronic, Sean Sheridan, Ermias Nikas DO, and three Kaiser subsidiaries.
Pedro says he had a Medtronic electronic stimulation device implanted in his right buttock in 2013 to help stimulate urination. Three years later he went to Kaiser for a urinary problem and, dissatisfied with the device’s performance, told his doctor he wanted it removed.
While Pedro was still at the hospital, Sean Sheridan, a Medtronic representative, told him that they could relocate the leads on his device to another nerve for better results instead of completely removing it, which Pedro agreed to do, according to the complaint.
“Plaintiff expected to have the locations where the leads connected to his nerves from the existing old device revised, but when he awoke from surgery, he discovered that a second electronic stimulator had been implanted in his left buttock,” the complaint states.
Pedro says Dr. Nikas, who referred to the surgery as a “revision,” neither fully explained the procedure to him before operating, nor gained his consent to implant a second device.
He also claims Sheridan knew that a revision surgery was not possible, but let Pedro think it was so he would change his mind about having the device removed.
Thanks to Kaiser, Pedro says, he has incurred expenses for medication and other medical supplies and has not been able to work since having the second device implanted.
He seeks damages for fraudulent inducement, emotional distress, permanent or temporary disability, business loss, and loss of earnings, and special damages for the cost of additional medical services.
He is represented by Kooresh Shahrokh with National Choice Lawyers of Los Angeles.